Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2630 of 2019 Arising Out of PS. Case No.-851 Year-2013 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Raju Chaudhary, son of Late Jaglal Chaudhary, Resident of Village - Hijipur, P.S.- Rafiganj, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangeeta Kumari, wife of Raju Chaudhary, daughter of Bigu Chaudhary, Resident of Village - Hajipur,P.S.- Rafiganj, District- Aurangabad. Presently residing at village- Ramdih, P.S.- Paraiya, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Jitendra Kr Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 The petitioner apprehends his arrest in connection with Complaint Case No. 851 of 2013 registered under Sections 354, 406, 420, 494, 498A and 120B of the Indian penal Code and 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand. Submission of learned counsel for the petitioner is that petitioner is ready to keep her but she is not ready to reside with him.

Heard learned APP also as well as learned counsel appearing on behalf of the informant they have opposed the prayer for anticipatory bail on the ground that petitioner has re-

Patna High Court CR. MISC. No.2630 of 2019(4) dt.07-03-2019 2/2 married with another girl and is not paying any single penny to his wife and daughter but she is still ready to live with the petitioner, if allowed to live with dignity.

Having heard both sides and in the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below on 01.04.2019 and file a petition with an affidavit that he is ready to keep his wife. On that day, O.P.No. 2 shall also remain present in court fromwhere petitioner will take O.P.No. 2 to his house with his daughter for keeping as wife with dignity and care. On which, the court below shall release the petitioner on provisional bail to its own satisfaction for a period of six months and watch the conduct of both parties by calling upon them on the first week of every month. Once, it is satisfied that conduct of both parties are harmonious, provisional bail granted to the petitioner shall be confirmed, otherwise he is free to pass any order or orders which will be deem fit and proper including the cancellation of his bail bond.

(Vinod Kumar Sinha, J) sujit/- U T